S. 3805 (111th): Katie Sepich Enhanced DNA Collection Act of 2010

111th Congress, 2009–2010. Text as of Sep 20, 2010 (Introduced).

Status & Summary | PDF | Source: GPO

II

111th CONGRESS

2d Session

S. 3805

IN THE SENATE OF THE UNITED STATES

September 20, 2010

(for himself, Mr. Udall of New Mexico, Mr. Schumer, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To authorize the Attorney General to award grants for States to implement minimum and enhanced DNA collection processes.

1.

Short title

This Act may be cited as the Katie Sepich Enhanced DNA Collection Act of 2010.

2.

Definitions

For purposes of this Act:

(1)

Minimum dna collection process

The term minimum DNA collection process means, with respect to a State, a process under which the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation is searched at least 1 time against samples from the following individuals who are at least 18 years of age:

(A)

Individuals who are arrested for or charged with a criminal offense under State law that consists of murder or voluntary manslaughter.

(B)

Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 5 years.

(C)

Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnapping or abduction and that is punishable by imprisonment for more than 5 years.

(2)

Enhanced dna collection process

The term enhanced DNA collection process means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation, of DNA samples from the following individuals who are at least 18 years of age:

(A)

Individuals who are arrested for or charged with a criminal offense under State law that consists of murder or voluntary manslaughter.

(B)

Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year.

(C)

Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnapping or abduction and that is punishable by imprisonment for more than 1 year.

(D)

Individuals who are arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year.

(E)

Individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year.

(3)

State

The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

3.

Incentive payments for States to implement minimum and enhanced DNA collection processes

(a)

Grants authorized

The Attorney General shall carry out a grant program under which the Attorney General may make grants to States for the purpose of assisting States with the costs associated with the implementation of minimum or enhanced DNA collection processes.

(b)

Applications

(1)

In general

To be eligible to receive a grant under this section, in addition to any other requirements specified by the Attorney General, a State shall submit to the Attorney General an application that demonstrates that it has instituted policies, protocols, or regulations requiring the implementation of either a minimum or enhanced DNA collection process.

(2)

Other requirements

The Attorney General may require a State desiring a grant under this section to document, for review by the Attorney General, the first year expenses associated with a State’s implementation or planned implementation of a minimum or enhanced DNA collection process.

(c)

Grant allocation

The amount available to a State under this section shall be equivalent to the first-year costs to that State of implementing a minimum or enhanced DNA collection process. The Attorney General retains discretion to determine the amount of each such grant awarded to an eligible State.

4.

Bonus payments for States which have implemented an enhanced dna collection process

In the case of a State that has implemented an enhanced DNA collection process and uses such process for a fiscal year, the State shall be eligible to receive a bonus payment equivalent to the amount available to such State under section 3.

5.

Conditions of receiving incentive and bonus payments

As a condition of receiving an incentive grant or bonus payment under sections 3 or 4, a State shall have a procedure in place to—

(1)

provide written notification of expungement provisions and instructions for requesting expungement to all persons who submit a DNA sample for inclusion in the index;

(2)

provide the eligibility criteria for expungement and instructions for requesting expungement on an appropriate public website; and

(3)

make a determination on all expungement requests not later than 90 days after receipt and provide a written response of the determination to the requesting party.

6.

Expungement of profiles

The expungement requirements under section 210304(d) of the DNA Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any samples collected pursuant to this Act for purposes of inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation.

7.

Reports

The Attorney General shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate an annual report (which shall be made publicly available) that—

(1)

lists the States, for the year involved—

(A)

which have (and those States which have not) implemented a minimum DNA collection process and use such process; and

(B)

which have (and those States which have not) implemented an enhanced DNA collection process and use such process; and

(2)

includes statistics, with respect to the year involved, regarding the benefits to law enforcement resulting from the implementation of minimum and enhanced DNA collection processes, including the number of matches made due to the inclusion of arrestee profiles under such a process.

8.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this Act for each of the fiscal years 2012 through 2016.